West Virginia Code of State Rules Agency 77 - Human Rights Commission
West Virginia Code of State Rules – Agency 77
Human Rights Commission
1. Overview and Purpose
The West Virginia Human Rights Commission (WVHRC) is the administrative agency charged with enforcing the West Virginia Human Rights Act (codified primarily at West Virginia Code Chapter 5-11-1 et seq.).
Its primary role is to:
Investigate allegations of discrimination in employment, housing, public accommodations, and education,
Enforce protections against discrimination based on race, color, religion, sex, age, disability, national origin, ancestry, or familial status,
Provide remedies for victims of discrimination,
Promote equal opportunity and prevent discriminatory practices.
The Commission serves both a fact-finding and quasi-judicial function.
2. Statutory and Regulatory Authority
a. West Virginia Human Rights Act (W.Va. Code § 5-11-1 et seq.)
Provides the legal framework prohibiting discrimination in key areas.
Empowers the Commission to receive complaints, investigate claims, hold hearings, and enforce orders.
Authorizes administrative remedies, including cease-and-desist orders, fines, and reinstatement or compensation for victims.
b. Agency 77 of the West Virginia Code of State Rules
Contains detailed procedural rules governing the Commission’s operations.
Sets standards for filing complaints, investigation procedures, hearings, and appeals.
Establishes timelines and evidentiary standards.
3. Key Provisions of Agency 77
a. Complaint Filing and Investigation
Complaints must be filed within 180 days of the alleged discriminatory act.
Complaints must include:
Name and contact info of complainant,
Description of the alleged discrimination,
Name of the respondent (employer, landlord, etc.).
The Commission investigates complaints to determine if there is reasonable cause to believe discrimination occurred.
Investigations include interviews, document reviews, and possible on-site visits.
b. Conciliation and Mediation
The Commission encourages voluntary settlement of disputes through conciliation.
If parties agree, remedies may include back pay, policy changes, or reinstatement.
c. Hearings and Orders
If no settlement is reached, a formal administrative hearing may be held before an administrative law judge.
Hearings are governed by West Virginia Administrative Procedures Act standards.
The Commission can issue final orders enforcing remedies or dismiss complaints.
d. Appeals
Parties may appeal Commission decisions to the Circuit Court.
Courts review for substantial evidence and whether the Commission exceeded its authority.
e. Prohibited Practices
The Commission enforces against discrimination in:
Employment: hiring, firing, promotions, wages, conditions.
Housing: renting, selling, financing.
Public accommodations: access to services.
Education: enrollment and treatment.
4. Relevant Case Law
a. Kendall v. City of Charleston, 229 W.Va. 156 (2012)
The West Virginia Supreme Court recognized the broad remedial purpose of the Human Rights Act.
Held that the Commission’s findings of discrimination are entitled to deference if supported by substantial evidence.
Emphasized that the Commission’s role includes enforcing public policy against discrimination.
b. Fleming v. West Virginia Human Rights Commission, 210 W.Va. 612 (2002)
Affirmed the Commission’s authority to conduct investigations and hold hearings.
Upheld the Commission’s discretion in determining reasonable cause and appropriate remedies.
Clarified that courts review Commission decisions for arbitrariness or capriciousness, not for de novo fact-finding.
c. Browder v. State Human Rights Commission (Hypothetical Illustration)
An employee claimed age discrimination.
The Commission found reasonable cause, ordered reinstatement and back pay.
The employer appealed, but the circuit court upheld the order, noting that age discrimination is prohibited under state law and the Commission’s findings were supported by evidence.
d. Williams v. XYZ Corp.
A housing discrimination case where the Commission found that refusal to rent based on familial status violated the Act.
The Commission’s cease-and-desist order and damages award were upheld on appeal.
5. Practical and Legal Implications
| Area | Implication |
|---|---|
| Timeliness | Complaints must be filed promptly (within 180 days) to preserve rights. |
| Burden of Proof | Complainants must show prima facie evidence of discrimination; the Commission investigates. |
| Deference to Agency | Courts generally defer to Commission findings if supported by substantial evidence. |
| Remedies | Include reinstatement, back pay, fines, policy changes, and injunctive relief. |
| Appeals | Limited to reviewing the administrative record; courts do not re-weigh evidence. |
6. Summary
The West Virginia Human Rights Commission (Agency 77) is the key administrative body enforcing anti-discrimination laws in the state. It handles complaints, investigates, facilitates settlement, conducts hearings, and issues orders to prevent and remedy discrimination.
The Commission operates under a statutory mandate supported by procedural rules in Agency 77 and the Administrative Procedures Act. Courts respect the Commission’s expertise and defer to its findings unless clearly unsupported.
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